Page:Federal Reporter, 1st Series, Volume 2.djvu/375

 368 FEDERAL REPORÏES. �years from 1870 to 1874, wonld not be less than $5,000 per year. In the years 1875 and 1876 the distinction would amount to less, because the petitioners' business was lighter then tban in the preceding years. For the coming season this distinction may be greater or less than $5,000. As regards the subject of any single lien sought to be enforced in a court pî admiralty, the excess of wharfage on any one canal-boat or barge would seldom, if ever, be $50. �The statute of the state of New York as to wharfage and dockage, referred to in the libei, is the statute enacted on the sixth of May, 1870. This law was subsequently amended in the years 1872, 1875 and 1876, but its essential feature as to distinction of wharfage between canal-boats plying on the waters of New York state exclusiTely, and ail other canal- boats and barges, bas not been changed. "The same rates as heretofore," which are required by said statute to be paid by "ail canal-boats navigating the canals in this state," are the rates of 60 cents and 75 cents per day for each boat. The district court of the United States for the eastern district of New York, sitting as a court of admiralty, enforces a lien against canal-boats or barges, in causes of wharfage, and in favor of wharf owners, under the proTisions of the said law of the state of New York, on one or both of the two following grounds : (1) That the law of the state of New York gives a lien, enforceable in admiralty, for wharfage, at the rate of two cents for every ton up to 200 tons burden, for each day's wharfage, against ail canal-boats except those which navi- gate the canals of the state of New York; (2) that there is a general maritime lien for wharfage against canal-boats, enforceable in admiralty, the amount of which lien is to be determined by the law of the state of New York; that, as to canal-boats navigating the Erie canal, the amount of lien, as so determined, is 50 cents per day ; and that, as to the same kind of craft navigating the Delaware and Earitan canal, it is from $3.50 to $4 per day. A lien has been enforced by the said district court, for wharfage, against the canal-boat Ann Eyan, on a state of faots identical with the faets above set forth. The proceedings therein were under, and to enforce ����